Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MENTAL HEALTH AND WELLBEING ACT 2022 - SECT 300

Confidentiality obligations applying in respect of information from clinical review

    (1)     Except for the purposes of performing functions for, or related to, conducting a clinical review under this Part, a relevant person must not make a record of, access, use or disclose any information—

        (a)     gained by or conveyed to the relevant person; or

        (b)     that the relevant person has in their possession or control—

as a result of conducting the clinical review if the information could identify a mental health and wellbeing service provider or any other person.

Penalty:     10 penalty units.

    (2)     A relevant person must not be required to produce information the relevant person has in their possession or control as a result of performing functions for, or related to, conducting a clinical review to any of the following—

        (a)     a court or tribunal;

        (b)     an agency;

        (c)     any other person.

    (3)     A relevant person must not be required to produce or communicate to a matter or thing that has come to the relevant person's notice in performing functions for, or related to, conducting a clinical review to any of the following—

        (a)     a court or tribunal;

        (b)     an agency;

        (c)     any other person.

    (4)     Subsection (1) applies despite anything to the contrary in section 40 of the Audit Act 1994 .



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback